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Bill C-253

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1st Session, 37th Parliament,
49-50 Elizabeth II,

House of Commons of Canada

BILL C-253

An Act to amend the Canada Marine Act

1998, c. 10

      Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:

1. Section 2 of the Canada Marine Act is amended by adding the following in alphabetical order:

``local port council''
« conseil portuaire local »

``local port council'' means a local port council established under section 64.4.

2. The Act is amended by adding the following after section 64:

PART 1.1

LOCAL PORT COUNCILS

APPLICATION

Application of Part

64.1 Subject to this Part, the provisions of Part 1 of this Act apply to this Part, with such modifications as the circumstances require.

INCORPORATION

Letters patent

64.2 (1) For the purpose of carrying out the objectives of this Act, in particular those set out in paragraphs 4(e) and (g), the Minister may issue to any person or group of persons letters patent of incorporation that take effect on the date stated in them for a local port council without share capital for the purpose of operating a port in Canada not referred to in Part 1 of this Act, if the Minister is satisfied that, the port

    (a) is not, but has the potential, as prescribed by regulation, to become and remain financially self-sustaining;

    (b) is of strategic significance to a region or a local economy within Canada;

    (c) is, or has the potential to become, linked to a major rail line or a major highway infrastructure; and

    (d) has traffic that is important to the region or the local economy.

FINANCIAL ASSISTANCE

Financial assistance

64.3 (1) For the purposes of paragraph 1(a) and notwithstanding any other provision of this Act, the Minister may make available to a local port council, on the written request of the local port council, financial assistance from an existing fund or from a special fund that may be established by the Governor in Council, to assist the local port council in becoming, within the period specified by the Minister in consultation with the local port council, self-sustaining for the normal conduct of its operations.

Conditions

(2) The Minister may attach to the financial assistance made available to the local port council any reasonable conditions that the Minister considers necessary, including conditions respecting the period during which the local port authority is not required to be financially self-sustaining.

Transfer to a province

64.4 When, in the opinion of the Minister, the local port council attains the financial self-sufficiency required for the normal conduct of its operations, the Minister may enter into an agreement with the government of the province where the local port council is incorporated respecting the transfer, in whole or in part, of the port facilities or any other aspect of its operations, and whereby the provincial government shall assume, subject to the terms and conditions of the agreement, total and exclusive control of any aspect of the local council.

REGULATIONS

Regulations

64.5 (1) For the purposes of this Part, the Governor in Council may make regulations respecting

    (a) any measure applicable to a local port council in the case of a transfer to a provincial government under section 64.4;

    (b) any other measure that the Governor in Council considers necessary for carrying out the purposes of this Part, including the conditions under which a local port council canbecome self-sustaining under paragraph 64.3(1)(a).

3. Subsection 65(3) of the Act is replaced by the following:

Deemed public ports

(3) With the exception of a port for which a port authority is incorporated under Part 1 or for which a local port council is incorporated under Part 1.1 , every port and facility to which the Canada Ports Corporation Act applied on the coming into force of this section is deemed to have been designated under subsection (1).

4. Subsection 104(1) of the Act is replaced by the following:

Regulations

104. (1) The Governor in Council may make regulations respecting the navigation and use of the navigable waters of a natural or man-made harbour, other than a harbour to which Part 1, Part 1.1 or Part 2 applies, including regulations for the safety of persons and ships in those waters.

5. Section 129 of the Act is replaced by the following:

Order to comply

129. (1) Where a person is guilty of an offence under Part 1 or Part 1.1 or the regulations made under paragraph 27(2)(a), a court in which proceedings in respect of the offence are taken may, in addition to any punishment it may impose, order the person to comply with those provisions for the contravention of which the person is convicted.

Civil remedy not affected

(2) No civil remedy for an act or omission is suspended or affected by reason that the act or omission is an offence under Part 1 or Part 1.1 or the regulations made under paragraph 27(1)(a).

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